LIBRARY OF CONGRESS. 






-X^^Bo^ 



UNITED STATES OF AMERICA. 



PLAIN DIRECTIONS 



FOR SECURING 



PATENTS, 



AND THE REGISTRATION OF 



TRADE-MARKS AND LABELS, 



by/' 
SCHUYLER DURYEE, 

Chief Clerk of the U.S. Patent- Office. 



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</. 



BOSTON: ^<-l: 

Press of Rockwell and Churchill, 39 Arch Street. 

1885. 



Entered according to Act of Congress, in the year 1885, by 

SCHUYLER DURYEE, 

In the ofltice of the Librarian of Congress, at Washington, D.C. 






PREFACE. 



These instructions contain all the information neces- 
sary to guide a person in the preparation of an applica- 
tion for a patent, or an application for the registration 
of a trade-mark or label. They are designed for 
inventors and others interested in patent-rights and 
kindred subjects, and have been carefully compiled from 
the pamphlets published by the United States Patent- 
Office. 

SCHUYLER DURYEE, 

V^ASHiNGTON, D.C., October, 1885. 



INDEX. 













Page 


Patents. 


Abandoned and forfeited applications 25 


Amendments 










16 


Appeals 










22 


Application for patent .... 










8 


Application, completion of . . . 










15 


Assignments of inventions 










7 


** patents . . 










30 


Attorneys ..... 










39 


Caveats 










27 


Completion of application 










15 


Corrections of errors in letters-patent 










24 


Correspondence, rules of . 










36 


Date, duration, and form of patents . 










23 


Delivery of patents .... 










24 


Designs . . . 










18 


Disclaimers 










27 


Drawings 










II 


Duration of patents .... 










23 


Examination of application 










16 


Extension of patent .... 










27 


Forfeited applications .... 










25 


Forms pertaining to applications for patent 


s 








41 


How to make application for patent . 










8 


Information to correspondents . 










38 


Interferences 










21 


Issue of patents .... 










23 


Marking patented articles 










40 



6 



INDEX, 



Patents {continued^. 

Model . . . . 

Oath . . . . 

Office fees 

Petition . . . . 

Publications 

Refunding money 

Reissues . . . . 

Rejection of application . 

Rules of correspondence . 

Specifications . 

Specimens 

Who may obtain a patent . 



Trade-marks. 

Application for registration 

Assignments . 

Copies and publications 

Correspondence 

Definition of trade-mark 

Duration of registration 

Fac-similes to be filed 

Fees 

Forms 

Issue of certificate . 

Proceedings in the office 

Statutory requirements 

Who may obtain registration 

Labels. 

Assignments 
Definition of label . 
Forms .... 



Page 

13 
10 

31 
9 
36 
35 
19 
16 

36 
9 

14 
7 

69 
73 

74 
74 
68 

73 
71 

74 
75 
72 
71 
69 
68 

82 
81 
82 



PATENTS 



WHO MAY OBTAIN A PATENT. 

Any person may obtain a patent on any new and useful 
invention or improvement made by him and not before known, 
and not in public use or on sale in this country for more than 
two years prior to his application. 

In case of an assignment of the whole, or of any undivided 
interest in the invention, the patent will, upon request of the 
applicant, issue to the assignee of the whole interest or jointly 
to the inventor and the assignee of the undivided interest ; 
but the assignment must first have been entered of record and 
at a day not later than the date of payment of the final fee, 
and must unmistakably identify the invention assigned. 
(See Form 32.) 

Joint inventors are entitled to a joint patent ; neither can 
claim one separately. Independent inventors of distinct im- 
provements in the same machine cannot obtain a joint patent 
for their separate inventions ; nor does the fact that one fur- 
nishes the capital, and another makes the invention, entitle 
them to make application as joint inventors. 

The receipt of letters-patent from a foreign government 
will not prevent the inventor from obtaining a patent in the 



8 - PATENTS, 

United States unless the invention shall have been introduced 
into public use in the United States more than two years prior 
to the application. 

Of the propriety of making an application for a patent the 
invTentor must judge for himself. The patent-office is open 
to him, and its records and models pertaining to all patents 
granted may be inspected either by himself or by any attorney 
or expert be may call to his aid. 



HOW TO MAKE APPLICATION FOR PATENT. 

The Application. 

Applications for letters-patent of the United States must be 
made to the Commissioner of Patents. A complete applica- 
tion comprises the petition, specification, oath, and drawings, 
w^hen the invention is susceptible of illustration, and first fee 
of $15. The petition, specification, and oath must be written 
in the English language. 

The application must be made by the actual inventor, if 
alive, even if the patent is to issue to an assignee ; but, where 
the inventor is dead, the application and oath must be made 
by the executor or administrator. 

The applicant will be promptly informed of the serial num- 
ber of his completed application. 

The application must be completed and prepared for exam- 
ination within two years after the filing of the petition, or it 
will be regarded as abandoned, unless it shall be shown, to 



APPLICATION FOR PATENT, 9 

the satisfaction of the Commissioner, that such delay was un- 
avoidable. 

Petition. 

(See Forms i, 2, 3, 4, 5, 6.) 

The petition is a communication duly signed by the appli. 
cant, and addressed to the Commissioner of Patents, stating 
the name and residence of the petitioner, and requesting the 
grant of a patent for the invention therein designated by 
name, with a reference to the specification for a full dis- 
closure thereof. 

Specification. 

(See Forms 14, 15, 16.) 

The specification is a written description of the invention: 
or discovery, and of the manner and process of making, con- 
structing, using, and compounding the same, in such full, 
clear, concise, and exact terms as to enable any person skilled 
in the art or science to which it appertains, or with which it 
is most nearly connected, to make, construct, compound, and 
use the same. 

It must conclude with a specific and distinct claim or 
claims of the part, improvement, or combination which the 
applicant regards as his invention or discovery. 

The applicant must set forth in his specification the precise 
invention for which he claims a patent, and in all applications 
for mere improvements the specification must distinguish 
between what is old and what is claimed as the improvement. 

The preamble to the specification should give the name 



10 PA TENTS. 

and residence of the applicant, and the title of the invention ; 
and if the invention has been patented in any country a 
statement of the country or countries in which it has been so 
patented, giving the date and number of each patent. 

Where there are drawings the description will refer by 
figures to the different views and by letters or figures to the 
different parts. 

Two or more independent inventions cannot be claimed in 
one application ; but where several distinct inventions are 
dependent upon each other, and mutually contribute to pro- 
duce a single result, they may be claimed in one application. 

The specification must be signed by the inventor, or by his 
executor or administrator, and the signature must be attested 
by two witnesses. Full names must be given, and all names, 
whether of applicants or witnesses, must be legibly written. 

The specification and claims, and all amendments, must be 
written in a fair, legible hand, on but one side of the paper; 
otherwise the office may require them to be printed. Legal- 
cap paper, with the lines numbered, is deemed preferable, and 
a wide margin must always be reserved upon the left-hand 
side of the page, both of the specification and of the amend- 
ments. 

Oath. 

(See Form 20.) 

Every applicant must make oath or affirmation to the 
following : — 

That he does verily believe himself to be the original and 
first inventor or discoverer of the invention described for 
which he solicits a patent ; 



APPLICATION FOR PATENT. 11 

That he does not know and does not believe that the same 
was ever before known or used ; and shall state of what 
country he is a citizen, and where he resides ; 

Whether the invention has been patented to himself or to 
others with his consent or knowledge in any country, and, 
if it has been, the country or countries in which it has been 
so patented, giving the date and number of each patent; 

That, according to his knowledge and belief, the same has 
not been in public use or on sale in the United States for 
more than two years prior to the application in this country. 

If the application be made by an executor or administrator 
the form of the oath will be correspondingly changed. The 
oath or affirmation may be made before any person within 
the United States authorized by law to administer oaths. 

When the person before whom the oath or affirmation is 
made is not provided with a seal his official character shall 
be established by competent evidence, as by a certificate from 
a clerk of a court of record or other proper officer having 
a seal. The signature of the applicant is required to the 
oath. 

Drawings. 

(See Form 17.) 

An applicant for a patent is required by law to furnish 
a drawing of his invention where the nature of the case 
admits of It. 

The drawing must be signed by the inventor, or by his 
attorney in fact, and attested by two witnesses, and must 
show every feature of the Invention covered by the claims. 



12 PA TENTS, 

The signature of the inventor is to be placed at the lower 
right-hand corner of the sheet, and the signatures of the wit- 
nesses at the lower left-hand corner, all within the marginal 
line. (See specimen drawing, Form 17.) The title is to be 
written with pencil on the back of the sheet. The permanent 
names and title will be supplied subsequently by the office in 
uniform style. 

The following rules must be observed in the preparation of 
drawings : — 

The paper must be pure white, and of a thickness corre- 
sponding to three-sheet Bristol board ; the surface must be 
calendered and smooth. 

The sheet must be exactly 10 by 15 inches. If more illus- 
trations are needed several sheets must be used. One inch 
from its edges a single marginal line is to be drawn, leaving 
the "sight" precisely 8 by 13 inches. A space of not less 
than I J inch from the top within the marginal line is to be 
left blank, for the heading of title, name, number, and date. 

All work and signatures must be within the marginal 
lines. 

The drawing must be executed in deep black lines, to give 
distinctness to the print, and must be made with the pen 
only. 

India ink alone must be used. 

In shading, the same ink must be used, however fine the 
lines. Brush shading and pale, ashy tints must be entirely 
avoided. 



APPLICATION FOR PATENT. 13 

Letters and figures of reference must never appear upon 
shaded surfaces. 

Drawings should be rolled for transmission to the office, 
not folded. 

When views are longer than the width of the sheet, the 
sheet is to be turned on its side, and the heading will be 
placed at the right, and the signatures at the left, occupying 
the same space and position as in the upright views, and 
being horizontal when the sheet is held in an upright posi- 
tion ; and all views on the same sheet must stand in the same 
direction. 

The foregoing rules relating to drawings will be rigidly en- 
forced. Every drawing not artistically executed in conformity 
thereto may be admitted for purposes of examination, if it 
sufficiently illustrates the invention ; but in such cases a new 
drawing must be furnished before the application can be 
allowed. The office will make the necessary corrections at 
the applicant's option and cost. 



Model 

A model will not be required or admitted as a part of the 
application until, on examination of the case in its regular 
order, the primary examiner shall find it to be necessary or 
useful, and shall file a written certificate to thatefiect, which 
will constitute an official action in the case. 

Models not required nor admitted, if already filed, will be 
returned to the applicants. 



14 PA TENTS. 

The model must clearly exhibit every feature of the machine 
which forms the subject of a claim of invention. 

It must be neatly and substantially made, of durable 
material, metal being deemed preferable ; but when a material 
forms an essential feature of the invention the model will be 
constructed of that material. 

It must not be more than one foot in length, width, 
or height, except in cases in which the Commissioner shall 
admit working models of complicated machines of larger 
dimensions. 

If made of wood it must be painted or varnished. Glue 
must not be used ; but the parts should be so connected as to 
resist the action of heat or moisture. Where practicable, to 
prevent loss, the model or specimen should have the name of 
the inventor permanently fixed thereon. 

In all cases where an application has been rejected more 
than two years the model, unless it is deemed necessary that 
it should be preserved in the office, may be returned to the 
applicant upon demand, and at his expense. 

Models filed as exhibits, in contested cases, may be returned 
to the applicant. If not claimed within a reasonable time 
they will be disposed of, at the discretion of the Commis- 
sioner. 

Specimens. 

When the invention or discovery is a composition of matter 
the applicant, if required by the Commissioner, shall furnish 
specimens of the composition, and of its ingredients, sufficient 
in quantity for the purpose of experiment. 



APPLICATION FOR PATENT. 15 

In all cases where the article is not perishable a specimen 
of the composition claimed, put up in proper form to be pre- 
served by the office, must be furnished. 



Completion of the Application. 

If the following questions can be answered affirmatively, 
before transmitting the papers, few applications will be 
returned for correction : — 

I St. Is the petition signed by the applicant and addressed 
to the Commissioner of Patents.'^ 

2d. Is the applicant the inventor or his legal representative } 

3d. Is the specification written in a fair, legible hand, on 
but one side of the paper ? Is it signed and attested by two 
witnesses, and does it conclude with a specific and distinct 
claim ? 

4th. Is the name of the applicant given in full? 

5th. Has the applicant made oath of his citizenship, etc., 
in accordance with the instructions and forms given ? 

6th. Are the drawings described and referred to in the 
specification? Are they of the standard required by the fore- 
going rules, and are they signed before two subscribing 
witnesses.'^ 

7th. Is the fee remitted.'^ 



16 PATENTS, 



THE EXAMINATION. 



All cases in the patent-office are classified and taken up for 
examination in regular order, those in the same class of in- 
vention being examined and disposed of, as far as practicable, 
in the order in which the respective applications are com- 
pleted. 

When the invention is deemed of peculiar importance to 
some branch of the public service, and when, for that reason, 
the head of some department of the government specially 
requests immediate action, the case will be taken up out of 
its order. 

REJECTIONS. 

Whenever any claim of an application is rejected, for any 
reason whatever, the applicant will be notified thereof, and 
the reason for such rejection will be fully and precisely 
stated. If, after receiving such notice, he shall persist in his 
claim, with or without altering his specification, the case will 
be reexamined. 

Upon the rejection of an application for want of novelty 
the examiner is required to cite the best references at his 
command. 



AMENDMENTS. 

The applicant has a right to amend before or after the 
first rejection ; and he may amend as often as the examiner 
presents any new references or reasons for rejection. In so 



AMENDMENTS. 17 

amending the applicant must clearly point out all of the pat- 
entable novelty which he thinks the case presents, in view 
of the state of the art disclosed by the references cited or 
objections made. He must also show how the amendments 
avoid such references or objections. (See Form 27.) 

In original applications, which are capable of illustration 
by drawing or model, all amendments of the model, drawings, 
or specification, or of additions thereto, must conform to at 
least one of them as they were at the time of the filing of the 
application. 

The specification must be amended and revised when 
required for the purpose of correcting inaccuracies of de- 
scription or unnecessary prolixity, and of securing corre- 
spondence between the claim and the other parts of the 
specification. 

After the completion of the application the office will not 
return the specification for any purpose whatever. The 
model or drawing (but not both at the same time) may be 
withdrawn for correction. 

If applicants have not preserved copies of such papers as 
they wish to amend, the office will furnish them on the usual 
terms. 

All amendments of specifications or claims must be made 
on sheets of paper separate from the original. 

Erasures must not be made by the applicant. In every 
case of amendment the exact word or words to be stricken 
out or inserted must be clearly specified, and the precise 
point indicated where the erasure or insertion is to be made. 



18 PATENTS. 

If an applicant neglect to prosecute his application for two 
years after the date when the last official notice of any action 
by the office was mailed to him, the application will be held 
to be abandoned. 

DESIGNS. 

A patent for a design may be granted to any person, who, 
by his own industry, genius, efforts, and expense, has invented 
and produced any new and original design for a manufacture, 
bust, statue, alto-relievo, or bas-relief; any new and original 
design for the printing of woollen, silk, cotton, or other fabrics ; 
any new and original impression, ornament, pattern, print, 
or picture to be printed, painted, cast, or otherwise placed on, 
or worked into, any article of manufacture ; or any new, 
useful, and original shape or configuration of any article of 
manufacture, the same not having been known or used by 
others before his invention or production thereof, nor patented 
nor described in any printed publication. 

Patents for designs are granted for the term of three and 
one-half years, or for seven years, or for fourteen years, as 
the applicant may, in his application, elect. (See Form 9.) 

The proceedings in applications for patents for designs are 
substantially the same as in applications for other patents. 
The specification must distinctly point out the characteristic 
features of the design. The claims also, when the design 
admits of it, should be as distinct and specific as in the 
case of other patents. The following order of arrangement 
should be observed in framing the specification : — 

(i.) Preamble giving name and residence of the appli- 



REISSUES. 19 

cant, title of the design, and the name of the article for which 
the design has been invented. (See Form i8.) 

(3.) Detailed description of the design as it appears in the 
drawing or photograph, letters or figures of reference being 
used. 

(3.) Claim or claims. 

(4.) Signature of inventor. 

(5.) Signatures of two witnesses. 

When the design can be sufficiently represented by draw- 
ings or photographs a model will not be required. 

Whenever a photograph or an engraving is employed to 
illustrate the design it mast be mounted upon Bristol-board, 
10 by 15 inches in size, and properly signed and witnessed. 
The applicant will be required to furnish ten extra copies of 
such photograph or engraving (not mounted) , of a size not 
exceeding 7^ inches by 11. Negatives are not required. 

Whenever the design is represented by a drawing made to 
conform to the rules laid down for drawings of mechaoical 
inventions but one copy need be furnished. Additional 
copies will be supplied by the photolithographic process at 
the expense of the patent-office. 



REISSUES. 

A reissue is granted to the original patentee, bis legal 
representatives, or the assignees of the entire interest, when, 
by reason of a defective or insufficient specification, or by 



20 PATENTS. 

reason of the patentee claiming as his invention or discovery 
more than he had a right to claim as new, the original patent 
is inoperative or invalid, provided the error has arisen from 
inadvertence, accident, or mistake, and without any fraud- 
ulent or deceptive intention. 

The petition for a reissue must be accompanied with a 
certified copy of the abstract of title, giving the names of 
all assignees owning any undivided interest in the patent ; 
and, in case the application is made by the inventor, it must 
be accompanied with the written assent of such assignees. 
(See Forms 7 and 8.) 

Applicants will be required to file with their petitions for 
reissue : — 

1st. A statement setting forth particularly the defects or 
insufficiencies in the specification which render the patent 
inoperative or invalid, and, in cases where more was claimed 
and allowed than the applicant was entitled to claim as new, 
such part or parts must be distinctly pointed out. 

2d. In such statement the applicant must explain how 
such errors arose, in order that the question of inadvertence, 
accident, or mistake may be determined. 

3d. The statement must be accompanied with the oath of 
the applicant that said errors arose without any fraudulent or 
deceptive intention. (See Forms 21, 22.) 

An applicant for reissue must also, on his oath, state that 
he verily believes the original patent to be inoperative or in- 
valid, either by reason of a defective or insufficient specifica- 
tion, or by reason of the patentee claiming as his own inven- 



INTERFERENCES. 21 

tion or discovery more than he had a right to claim as new, 
and that the error arose by inadvertence, accident, or mis- 
take, and v^ithout any fraudulent or deceptive intention. 

No new matter can be introduced into the reissue speci- 
fication, nor in case of a machine can the model or drawings 
be amended except each by the other. 

In cases of application for reissue an original claim, if 
reproduced in the amended specification, is subject to reex- 
amination, and the entire application will be revised and 
restricted in the same manner as original applications. 

The application for a reissue must be accompanied by a sur- 
render of the original patent, or, if that is lost, by an affidavit 
to that effect, and a certified copy of the patent ; but, if a re- 
issue be refused, the original patent will, upon request, be 
returned to the applicant. (See Forms 24, 25.) 

All reissue applications must be accompanied by new 
drawings, of the character required in original applications, 
and the. inventor's name must appear upon the same. 



INTERFERENCES. 

An interference is a proceeding instituted for the purpose 
of determining the question of priority of invention between 
two or more parties claiming substantially the same patent- 
able invention. The fact that one of the parties has already 
obtained a patent will not prevent an interference. 



22 PA TENTS, 



APPEALS. 

Every applicant for a patent or the reissue of a patent, any 
of the claims of whose application have been twice rejected 
upon grounds involving the merits of the invention, may 
appeal from the decision of the primary examiner to the 
board of examiners-in-chief, having once paid a fee of ten 
dollars. The appeal must be made in writing, signed by the 
party, or his duly authorized agent or attorney, setting forth 
the points of the decision upon which the appeal is taken and 
duly filed. (See Form 29.) 

From the adverse decision of the board of examiners-in- 
chief appeal maybe taken to the Commissioner in person, 
upon payment of the fee of twenty dollars required by law. 
(See Form 31.) 

Decisions of examiners upon preliminary or intermediate 
questions, not involving the merits of the case, once repeated, 
will be reexamined by the Commissioner upon written 
statements of the points of appeal, and of the grounds of the 
examiners' decisions, as in other appeals. For appeals of 
this class no fee is required. (See Form 30.) 

In cases of interference parties have the same remedy by 
appeal to the examiners-in-chief and to the Commissioner as 
in ex-parte cases ; but no appeal lies in such cases from the 
decision of the Commissioner. 

From the adverse decision of the Commissioner upon the 
claims of an application an appeal may be taken to the 
Supreme Court of the District of Columbia sitting in banc. 



ISSUE OF PATENTS, ETC. 23 



ISSUE OF PATENTS. 

If, on examination, it shall appe'ar that the applicant is 
justly entitled to a patent under the law, a notice of allowance 
will be sent him, calling for the payment of the final fee, 
upon the receipt of which, within six months from the date of 
the notice of allowance, the patent will be prepared for issue. 

After notice of the allowance of an application is given, the 
case cannot be withdrawn from issue except by approval of 
the Commissioner, and, if withdrawn for further action on the 
part of the office, a new notice of allowance will be given. 

When the final fee has been paid upon an application for 
letters-patent, and the case has received its date and number, 
it cannot be withdrawn or suspended from issue on account 
of any mistake or change of purpose of the applicant or his 
attorney, nor for the purpose of enabling the inventor to pro- 
cure a foreign patent, nor for any other reason except mistake 
on the part of this office, or fraud, or illegality in the appli- 
cation, or for interference. 



DATE, DURATION, AND FORM OF PATENTS. 

Every patent will bear date as of a day not later than six 
months from the time at which the application was passed 
and allowed and notice thereof was mailed to the applicant or 
his agent, if within that period the final fee be paid to the 
Commissioner of Patents, or if it be paid to the treasurer, or 
any of the assistant treasurers or designated depositaries ot 
the United States, and the certificate promptly forwarded to 



24 PATENTS. 

the Commissioner of Patents ; and if the final fee be not paid 
within that period the patent will be withheld. 

A patent cannot be antedated. 

Every patent will contain a short title of the invention or 
discovery, indicating its nature and object, and a grant to the 
patentee, his heirs and assigns, for the term of seventeen 
years, of the exclusive right to make, use, and vend the 
invention or discovery throughout the United States and the 
Territories thereof. But, if the invention shall have been 
previously patented abroad, the term of the patent will expire 
with the foreign patent having the shortest term. 

A copy of the specification and drawings will be annexed to 
the patent and form part thereof. 



DELIVERY OF PATENTS. 

The patent will be delivered or mailed, on the day of 
its date, to the patentee, unless there be an attorney of rec- 
ord, in which case it will be delivered to him or the patentee, 
as the attorney may request ; but it will not, without a special 
request to that efTect, be delivered to an associate or substitute 
attorney. 



CORRECTION OF ERRORS IN LETTERS-PATENT. 

Where a mistake, incurred through the fault of the office, 
is clearly disclosed by the records or files of the office, a cer- 
tificate, showing the fact and nature of such mistake, signed 
by the Secretary of the Interior, countersigned by the Com- 



ABANDONED AND FORFEITED, 25 

missioner of Patents, and sealed with the seal of the patent- 
office, will, at the request of the patentee or his assignee, be 
indorsed without charge upon the letters-patent, and recorded 
in the records of patents, and a printed copy thereof attached 
to each printed copy of the specification and drawings. 

Mistakes not incurred through the fault of the office, and 
not affording legal grounds for reissues, will not be corrected 
after the delivery of the letters-patent to the patentee or his 
agent. 

No changes or corrections will be made in letters-patent 
after the delivery thereof to the patentee or his agent, except 
as above provided. 



ABANDONED AND FORFEITED APPLICATIONS. 

An abandoned application is one which has not been com- 
pleted and prepared for examination within two years after 
the filing of the petition, or which the applicant has failed to 
prosecute within two years after any action therein, of which 
notice has been duly given, or which the applicant has ex- 
pressly abandoned by filing, in the office, a written declara- 
tion of abandonment, signed by himself (and assignee, if any) , 
identifying his application by title of invention and date of 
filing. 

Prosecution of an application, to save it from abandonment, 
must include such proper action as the condition of the case 
may require. 

Before an application abandoned by failure to complete or 



26 PA TENTS, 

prosecute can be revived, it must be shown to the satisfac- 
tion of the Commissioner that the delay in the prosecution of 
the same w^as unavoidable. 

When a new application is filed in place of an abandoned 
or rejected application, a new specification, oath, drawing, 
and fee will be required ; but the old model, if suitable, may 
be used. 

A forfeited application is one upon which a patent has 
been withheld for failure to pay the final fee within the pre- 
scribed time. 

Where the patent has been withheld by reason of non-pay- 
ment of the final fee, any person, whether inventor or assignee, 
who has an interest in the invention for which such patent 
was ordered to issue, may renew the application on filing a 
petition (see Form ii), accompanied by a fee of fifteen dol- 
lars ; but such renewal must be made within two years after 
the allowance of the original application. 

In such renewal the oath, petition, specification, drawing, 
and model of the original application may be used for the 
second application. 

The second application will not be regarded as a continua- 
tion of the original one, but will bear date from the time 
of renewal, and be subject to examination like an original 
application. 

No notice will be given to applicants while their cases 
remain forfeited of the filing of subsequent applications. 

Certified copies of the files in cases of reiected and aban- 



EXTENSIONS, ETC, 27 

doned applications may be furnished to applicants or to other 
persons when specifically ordered by the Commissioner. 



EXTENSIONS. 

All patents granted since March 2, i86r, have been for a 
term of seventeen years, and no patent can be extended ex- 
cept by act of Congress. 

DISCLAIMERS. 

(See Form 28.) 

Whenever, through inadvertence, accident, or mistake, a 
patentee has claimed more than that of which he was the 
original or first inventor or discoverer, his patent shall be 
^ valid for all that part which is truly and justly his own, pro- 
vided the same is a material or substantial part of the thing 
patented.; and any such patentee, his heirs or assigns, whether 
of the whole or any sectional interest therein, may, on pay- 
ment of the fee required by law, make disclaimer of such 
parts of the thing patented as he or they shall not choose to 
claim or to hold by virtue of the patent or assignment, stating 
therein the extent of his interest in such patent. Such dis- 
claimer shall be in writing, attested by one or more witnesses, 
and recorded in the patent-office. 

CAVEATS. 

(See Forms 10, iS, 26.) 

A caveat, under the patent law, is a notice given to the 
office of the caveator's claim as inventor, in order to prevent 



28 PATENTS, 

the grant of a patent to another for the same alleged invention 
upon an application filed during the life of the caveat w^ithout 
notice to the caveator. 

Any citizen of the United States who has made a new in- 
vention or discovery, and desires further time to mature the 
same, may, on payment of a fee of ten dollars, file in the 
patent-office a caveat setting forth the object and the distin- 
guishing characteristics of the invention, and praying protec- 
tion of his right imtil he shall have matured his invention. 
Such caveat shall be filed in the confidential archives of the 
office and preserved in secrecy, and shall be operative for the 
term of one year from the filing thereof. 

An alien has the same privilege, if he has resided in the 
United States one year next preceding the filing of his caveat, 
and has made oath of his intention to become a citizen. 

The caveat consists of a petition, specification, oath, and, 
when the nature of the case admits of it, a drawing, and, like 
the application, must be limited to a single invention. 

The same particularity of description is not required in 
a caveat as in an application for a patent ; but it should be 
sufficiently precise to enable the office to judge whether there 
is a probable interference when a subsequent application is 
filed. If, upon examination, a caveat be found defective in 
this respect, amendment will be required. 

The oath of the caveator must set forth that he is a citizen 
of the United States ; or, if he be an alien, that he has resided 
for one year last past within the United States ; and has made 
oath of his intention to become a citizen thereof, and that he 



CAVEATS. 29 

believes himself the original and first inventor of the in- 
vention set forth in his caveat. 

When practicable the caveat should be accompanied by 
full and accurate drawings, separate from the specification, 
well executed on tracing muslin or paper that may be folded. 

If at any time within one year after the filing or renewal 
of a caveat another person shall file an application with 
which such caveat would in any manner interfere, and the 
application shall be found patentable, then notice thereof 
will be sent to the person filing the caveat, who, if he shall 
file a complete application within the prescribed time, will 
be entitled to an interference with the previous application, 
for the purpose of proving priority of invention, and obtain- 
ing the patent, if he be adjudged the prior inventor. The 
caveator must file his application within three months from 
the expiration of the time regularly required for the trans- 
mission to him of the notice deposited in the post-office at 
Washington ; and the day when the time for filing expires 
will be mentioned in the notice or indorsed thereon. 

The caveator will not be entitled to notice of any applica- 
tion pending at the time of filing his caveat, nor of any 
application filed after the expiration of one year from the 
date of the filing or renewal thereof. The caveat may be 
renewed by the payment of a second caveat fee of ten dol- 
lars, and it will continue in force for one year from the date 
of the payment of such second fee. Subsequent renewals 
may be made with like effect. If a caveat be not renewed 
it will still be preserved in the secret archives of the office. 

A caveat confers no rights and afibrds no protection except 



30 PA TENTS, 

as to notice of an interfering application filed during its life, 
giving the caveator the opportunity of proving priority of 
invention if he so desires. 

There is no provision of law making the caveat assignable, 
although the alleged invention therein set forth is assignable, 
and the caveat may be used as means of identifying the in- 
vention transferred in an assignment. 

Caveat papers cannot be withdrawn from the office after 
they have once been filed ; but copies of the papers may be 
obtained at the usual rates by the caveator or any person duly 
authorized by him. 

ASSIGNMENTS. 

Every patent or any interest therein is assignable in law by 
an instrument in writing ; and the patentee, or his assigns or 
legal representatives, may, in like manner, grant and convey 
an exclusive right under his patent to the whole or any speci- 
fied part of the United States. 

Interests in patents may be vested in assignees, in grant- 
ees of exclusive sectional rights and mortgagees, and in 
licensees. 

An assignee is a transferee of the whole interest of the 
original patent, or of an undivided part of such whole inter- 
est, extending to every portion of the United States. The 
assignment must be written or printed and duly signed. 

A grantee acquires by the grant the exclusive right, under 
the patent, to make and use, and to grant to others the right 
to make and use, the thing patented, within and throughout 



ASSIGNMENTS, ETC. 31 

some specified part of the United States, excluding the 
patentee therefrom. The grant must be written or printed 
and duly signed. 

A mortgage must be written or printed and duly signed. 

A licensee takes an interest less than or different from 
either of the others. A license may be oral, or written or 
printed and duly signed. 

An assignment, grant, or conveyance, will be void as 
against any subsequent purchaser or mortgagee for a valuable 
consideration, without notice, unless recorded in the patent- 
office within three months from the date thereof. 

No instrument will be recorded which does not, in the 
judgment of the Commissioner, amount to an assignment, 
grant, mortgage, lien, encumbrance, or license, or affect the 
title of the patent or invention to which it relates. 

Assignments which are made conditional on the perform- 
ance of certain stipulations, as the payment of money, if 
recorded in the office, are regarded as absolute assignments, 
until cancelled with the written consent of both parties, or by 
the decree of a competent court. The office has no means 
of determining whether such conditions have been fulfilled. 

Assignments are recorded in regular order as promptly 
as possible, and then transmitted to the persons entitled to 
them. 

OFFICE FEES, AND HOW PAYABLE. 

Nearly all the fees payable to the patent-office are positively 
required by law to be paid in advance ; that is, upon making 



32 PATENTS. 

application for any action by the office for which a fee is 
payable. For the sake of uniformity and convenience the 
remaining fees will be required to be paid in the same man 
ner. 

The following is the schedule of fees and of prices of pub- 
lications, etc., of the patent-office : — 

On filing each original application for a design pat- 
ent for three years and six months . . .$1000 

On filing each original application for a design pat- 
ent for seven years . . . . . . 15 00 

On filing each original application for a design pat- 
ent for fourteen years . . . . . . 30 00 

On allowance of an application for a design patent, 
no further charge. 

On filing each caveat ...... 

On filing each original application for a patent 

On allowance of an original application for a pat- 
ent, except in design cases ..... 

On filing each disclaimer ..... 

On filing every application for the reissue of a pat- 
ent ......... 

On filing each application for a division of a reissue, 

On allowance of an application for the reissue of a 
patent, no further charge. 

On filing an appeal from a primary examiner to the 
Examiner of Interferences or the examiners-in- 
chief . . . . . . . . . 10 00 

On filing an appeal from the examiners-in-chief to 

the Commissioner . . . . . . 20 00 



10 


00 


15 


00 


20 


00 


10 


00 


30 


00 


30 


00 



OFFICE FEES, AND HOW PAYABLE, 33 

For manuscript copies of records in the English 
language, for every one hundred words or fraction 
thereof ........ lo 

If certified, for the certificate additional ... 25 

For copies of drawings not in print, the reasonable 
cost of making them. 

For uncertified copies of the specifications and ac- 
companying drawings of all patents which are in 
print : — 
Single copies ....... 25 

Twenty copies or more, whether of one or sev- 
eral patents, per copy ..... 10 

For twenty coupon orders, each coupon good until 
used for one copy of a printed specific^ation and 
drawing * . . . . . . . . 2 00 

For certified copies of patents, whether in manu- 
script or in print : — 
For the specification, for every one hundred 

words or fraction thereof ..... 10 

For the drawings, if in print .... 25 

For the drawings, if not in print, the reasona- 
ble cost of making them, as above. 
For the certificate ...... 25 

For the grant ....... 50 

For certifying to a duplicate of a model . . 50 

1 For the convenience of the office and of persons dcsirini^ printed copies 
of specifications and drawings, blank orders, or '* coupons," have been prepared, 
which will be sold, on application to the Financial Clerk, at the rate of 10 cents each, 
in lots of 20 or more. 



34 PATENTS. 

For abstracts of title to patents or inventions : — 

For the certificate of search . . . . i oo 

For each brief from the digests of assignments, 20 

For copies of matter in any foreign language, for 

every one hundred words or fraction thereof . 20 

For recording every assignment, agreement, povs^er 
of attorney, or other paper, of three hundred 
words or under . . . . . . . i 00 

For recording every assignment, agreement, power 
of attorney, or other paper of over three hundred 
words and under one thousand words . . 2 00 

For recording every assignment, agreement, power 
of attorney, or other paper of over one thousand 
words . • . . . . . . 3 00 

For subscription to the " Official Gazette," pub- 
lished every Tuesday, all subscriptions to com- 
mence with the beginning of a volume, none 
being taken for a less period than three months, 
and there being no club rates or discount to 
news-dealers, as follows : — 

To all subscribers within the United States and 

Canada, one year . ... . . 5 00 

To foreign subscribers, except in Canada . . 7 00 

Single numbers ....... 10 

An order for a copy of an assignment must give the liber 
and page of the record, as well as the name of the inventor ; 
otherwise an extra charge will be made for the time consumed 
in making any search for such assignment. 



REFUNDING MONEY, 35 

The money required for office fees may be paid to the 
Commissioner, or to the Treasurer, or any of the assistant 
treasurers of the United States, or to any of the designated 
depositaries, national banks, or receivers of public money, 
designated by the Secretary of the Treasury for that purpose, 
who shall give the depositor a receipt or certificate of deposit 
therefor, w^hich shall be transmitted to the patent-office. 
If this cannot be done without much inconvenience the money 
may be remitted by mail, and in every such case the letter 
should state the exact amount inclosed. Letters containing 
money may be registered. Post-office money-orders afford 
a safe and convenient mode of transmitting fees. All such 
orders should be made payable to the '^Commissioner of 
Patents." 

The weekly issue will close on Thursday, and the patents 
of that issue will bear date as of the third Tuesday thereafter. 
If the final fee in any application is not paid on or before 
Thursday the patent will not go to issue until the following 
week. 

All money sent by mail, either to or from the patent-office, 
will be at the risk of the sender. In no case should money 
be sent inclosed with models. All payments to or by the 
office must be made in specie, treasury-notes, national-bank 
notes, certificates of deposit, or post-office money-orders. 

REFUNDING MONEY. 

Money paid by actual mistake, such as a payment in 
excess, or when not required by law, or by neglect or mis- 
information on the part of the office, will be refunded ; but 



36 PATENTS. 

a mere change of purpose after the payment of money, as 
when a party desires to withdraw his application for a 
patent, or for the registration of a trade-mark, or an appeal, 
will not entitle a party to demand such a return. 



PUBLICATIONS. 

The '* Official Gazette," a weekly publication which has 
been issued since 1873, takes the place of the old *' Patent- 
Office Report." It contains the claims of all patents issued, 
including reissues, with portions of the drawings selected 
to illustrate the claims, and also lists of design patents, to- 
gether with decisions of the courts and of the Commis- 
sioner, and other special matters of interest to inventors. 

The " Gazette" is furnished to subscribers at the rate of 
$5 per annum. When it is sent abroad an additional charge 
of $2 will be made for the payment of postage. Single 
copies are furnished for 10 cents each. 

An index is published annually, which is sent to all sub- 
scribers without additional cost. 



RULES OF CORRESPONDENCE. 

All business with the office should be transacted in 
writing. 

All letters and other communications intended for the 
patent-office must be addressed to '' The Commissioner 
of Patents, Washington, D.C." 



RULES OF CORRESPONDENCE, 37 

Express charges, freight, postage, and all other charges 
on matter sent to the patent-office must be prepaid in full ; 
otherwise it will not be received. 

The personal attendance of applicants at the patent-office 
is unnecessary. Their business can be transacted by cor- 
respondence. 

The assignee of the entire interest of an invention is en- 
titled to hold correspondence with the office to the exclu- 
sion of the inventor. 

Where there has been an assignment of an undivided 
part of an invention the inventor and the assignee will both: 
be recognized as the proper parties to hold correspondence 
with the office, and all amendments and other actions in^ 
such cases must be signed by both parties ; but official 
letters will be sent in such case to the post-office address o£ 
the inventor, unless he shall otherwise direct. 

When an attorney shall have filed his power of attorney, 
duly executed, the correspondence will be held with him. 

A double correspondence with the inventor and an as- 
signee, or with a principal and his attorney, or with two 
attorneys, will not generally be allowed. 

A separate letter should in every case be written in rela- 
tion to each distinct subject of inquiry or application. As- 
signments for record, final fees, and orders for copies or 
abstracts must be sent to the office in separate letters. 

When a letter concerns an application it should state the 
name of the applicant, the title of the invention, the serial 



38 PATENTS. 

number of the application, and the date of filing the 
same. 

When the letter concerns a patent it should state the name 
of the patentee, the title of the invention, and the number 
and date of the patent. 

No attention will be paid to ex-parte statements or pro- 
tests of persons concerning pending applications to which 
they are not parties, unless information of the pendency of 
such applications shall have been voluntarily communicated 
by the applicants. 



INFORMATION TO CORRESPONDENTS. 

The office will not respond to inquiries as to the novelty of 
an alleged invention in advance of the filing of an application 
for a patent, nor to inquiries propounded with a view of 
ascertaining whether any alleged improvements have been 
patented, and, if so, to whom ; nor will it act as an expounder 
of the patent law, or as counsellor for individuals, except as 
to questions arising within the office. 

Caveats and pending applications are preserved in secrecy. 
No information will be given, without authority, respecting 
the filing by any particular person of a caveat or of an appli- 
cation for a patent or for the reissue of a patent. 

After a patent has issued, the model, specification, draw- 
ings, and all documents relating to the case are subject to 
general inspection, and copies, except of the model, will be 
furnished at the rates specified on page 33. 



ATTORNEYS, 39 



ATTORNEYS. 

(See Forms 12, 13.) 

Any person of intelligence and good moral character may. 
appear as agent, or attorney in fact, of an applicant, upon 
filing a proper power of attorney. 

An inventor is not obliged to be represented before the 
office by an attorney ; but, as the value of a patent mainly de- 
pends upon the careful preparation of the specification and 
claims, the assistance of competent counsel will be of advan- 
tage to an applicant. 

Before any attorney, original or associate, will be allowed 
to inspect papers or take action of any kind his power of 
attorney must be filed. No power of attorney purporting to 
have been given to a firm or copartnership will be recognized, 
either in favor of the firm or of any of its members, unless all 
its members shall be named in such power of attorney. 

Substitution or association can be made by an attorney 
upon the written authorization of his principal ; but such 
authorization will not empower the second agent to appoint 
a third. 

Powers of attorney may be revoked at any stage in the pro- 
ceedings of a case upon application to and approval of the 
Commissioner ; and when so revoked the office will commu- 
nicate directly with the applicant, or such other attorney as he 
may appoint. An assignment of an undivided interest will 
not operate as a revocation of the power previously given, but 
the assignee of the entire interest may be represented by an 
attorney of his own selection. 



40 PATENTS, 

4 

Attorneys will be required to conduct their business with 
the office with decorum and courtesy. Papers presented in 
violation of this requirement will ordinarily be returned. 

For gross misconduct the Commissioner may refuse to rec- 
ognize any person as a patent agent, either generally or in 
any particular case. 



MARKING PATENTED ARTICLES. 

It is the duty of all persons making or vending any patented 
article to give sufficient notice to the public that the same 
is patented, either by affixing thereon the word " patented," 
together with the day and year the patent was granted ; or 
when, from the character of the article, this cannot be done, 
by fixing to it, or to the package wherein one or more of them 
is inclosed, a label containing like notice. 



FORMS, 41 



FORMS PERTAINING TO APPLICATIONS 
FOR PATENTS. 



Petitions. 

1. By a Sole Inventor. 

To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States resid- 
ing at S., in the county of M., and State of N. [or subject, 
etc.], prays that letters-patent be granted to him for the im- 
provement in sewing-machines set forth in the annexed speci- 
fication. 

A. B. 

2. By Joint Inventors. 

To the Commissioner of Patents : — 

Your petitioners, A. B. and C. D., citizens of the United 
States residing respectively at L., in the county of M., and. 
State of N., and atG., in the county of II., and State of I. 
[or subject, etc.], pray that letters-patent may be granted to 
them, as joint inventors, for the improvement in washing- 
machines set forth in the annexed specification. 

A. B. 

C. D. 



42 PA TENTS, 

3. By an Inventor for Himself and an Assignee. 
To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States resid- 
ing at L., in the county of M., and State of N. [or subject, 
etc.], prays that letters-patent may be granted to himself and 
C D., a citizen of the United States residing at L., in the 
county of M., and State of N., as his assignee, for the im- 
provement in printing-presses set forth in the annexed speci- 
fication. 

A. B. 

4. Petition with Power of Attorney. 

To the Commissioner of Patents : — 

Your petitioner, A. B.,a citizen of the United States resid- 
ing at L., in the county of M., and State of N. [or subject, 
etc.], prays that letters-patent may be granted to him for the 
improvement in lamps set forth. in the annexed specification; 
and he hereby appoints C. D.,* of the city ofR., State of S., 
his attorney, w^ith full powder of substitution and revocation, 
to prosecute this application, to make alterations and amend- 
ments therein, to receive the patent, and to transact all busi- 
ness in the patent-ofliice connected therewith. 

A. B. 

5. By an Administrator. 

To the Commissioner of Patents: — 

Your petitioner, A. B., a citizen of the United States 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], administrator of the estate of C. D., late a 

* If the power of attorney is to a firm, the name of each member of the firm must be 
^iven in full. 



FORMS. 43 

citizen of S., deceased (as by reference to the duly certified 
copy of letters of administration, hereto annexed, will more 
fully appear) , prays that letters-patent may be granted to him 
for the invention of the said C. D. (improvement in fire- 
hose), set forth in the annexed specification. 

A. B., Administrator ^ etc, 

6. By an Executor. 

To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], executor of the last will and testament of C. D., 
late a citizen of S., deceased (as by reference to the duly 
certified copy of letters testamentary, hereto annexed, will 
more fully appear) , prays that letters-patent may be granted 
to him for the invention of the said C. D. (improvement in 
churns), set forth in the annexed specification. 

A. B., Executor^ etc. 

7. For a Reissue (by the Inventor). 

To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], prays that he may be allowed to surrender the 
letters-patent for an improvement in coal-scuttles, granted to 
him May i6, 1867, whereof he is now sole owner [or whereof 
C. D., on whose behalf and with whose assent this applica- 
tion is made, is now sole owner, by assignment], and that 
letters-patent may be reissued to him [or the said CD.] for 
the same invention, upon the annexed amended specification. 



44 PATENTS, 

With this petition is filed an abstract of title, duly certified, 

as required in such cases. 

A. B. 

Assent of Assignee to Reissue. 

The undersigned, assignee of the entire [or of an un- 
divided] interest in the above-mentioned letters-patent, 
hereby assents to the accompanying application. 

C. D. 

8. For a Reissue (by an Administrator). 

To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], administrator of the estate of C. D., late a citizen 
of S., deceased (as by reference to the duly certified copy of 
letters of administration, hereto annexed, will more fully 
appear), prays that he may be allowed to surrender the 
letters-patent for an improvement in coal-scuttles, granted 
to the said C. D. May i6, 1867, whereof he is now sole 
owner [or whereof E. F., on whose behalf and with whose 
assent this application is made, is now sole owner, by assign- 
ment], and that letters-patent may be reissued to him [or the 
said E. F.] for the same invention, upon the annexed 
amended specification. With this petition is filed an abstract 
of title duly certified, as required in such cases. 

A. B., Administrator^ etc. 

Assent of Assignee to Reissue. 

The undersigned, assignee of the entire [or of an un- 
divided] interest in the above-mentioned letters-patent, 

hereby assents to the accompanying application. 

E. F. 



FORMS, 45 

9. For Letters-Patent for a Design. 
To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States resid- 
ing at L., in the county of M., and State of N. [or subject, 
etc.], prays tiiat letters-patent may be granted to him for the 
term of three and one-half years [or seven years, or fourteen 
years] for the new and original design for carpets set forth 

in the annexed specification. 

A. B. 

lO. For a Caveat. 

The petition of A. B., a citizen of the United States resid- 
ing at L., in the county of M., and State of N. [or subject, 
etc., see page 28], represents : — 

That he has made certain improvements in cotton-gins, 

and that he is now engaged in making experiments for the 

purpose of perfecting the same, preparatory to applying for 

letters-patent therefor. He therefore prays that the subjoined 

description of his invention may be filed as a caveat in the 

confidential archives of the patent-office. 

A. B. 

11. For a Renewal of a Forfeited Application. 

To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], represents that on May 8, 1868, he filed an appli- 
cation for letters-patent for an improvement in fences (Serial 
Number 885), which application was allowed July 7, 1868, 
but that he failed to make payment of the final fee within the 
time allowed by law. He now makes renewed application 
for letters-patent for said invention, and prays that the 



46 PATENTS, 

original specification, oath, drawings, and model may be 

used as a part of this application. 

A. B. 

12. Power of Attorney. 

To tJie Commissioner of Patents : — 

The undersigned having, on or about the 20th day of July 
1859, made application for letters-patent for an improvement 
in horse-powders (Serial Number 982), hereby appoints 
C. D.,^ of L., in the county of M., and State of N., his 
attorney, v^ith full power of substitution and revocation, to 
prosecute said application, to make alterations and amend- 
ments therein, to receive the patent, and to transact all busi- 
ness in the patent-office connected therewith. 

Signed at L., in the county of M., State of N., this 6th 

day of June, 1879. 

A. B. 

13. Revocation of Power of Attorney. 

To the Commissioner of Patents : — 

The undersigned having, on or about the 26th day of Decem- 
ber, 1867, appointed C. D., of L., in the county of M., and 
State of N., his attorney to prosecute an application for letters- 
patent, which application was filed on or about the ist day 
of June, 1868, for an improvement in the running gear of 
wagons (Serial Number 870), hereby revokes the power of 
attorney then given. 

Signed at L., in the county of M., and State of N., this 

2 1st day of July, 1869. 

A. B. 

* If the power of attorney is to a a firm, the name of each member of the firm must 
be given in full. 



FORMS, 47 

Specifications, 

14. For an Art of Process. 

To all whom it may concern : — 

Be it known that I, James Henderson, of Bellefonte, in 
the county of Centre and State of Pennsylvania (formerly of 
New York city), have invented a certain new and useful Im- 
provement in Basic Processes of Manufacturing Iron and 
Steel ; and I hereby declare that the following is a full, clear, 
and exact description of the same : — 

The invention has for its object the removal of phosphorus 
and sulphur from liquid crude iron ; and it consists in charg- 
ing the iron into a converter lined with a basic or non-silicious 
material, and treating it with jets or blasts of air to desilicon- 
ize it, and pouring the silicious slags formed thereby from the 
converter or furnace, and then treating the metal with fluor- 
spar or fluoride of calcium with air to remove the phosphorus 
and sulphur. 

In carrying out this invention I use a converter or furnace 
in which the metal is treated by blowing jets of air into it 
from the bottom or sides, the metal being poured into the 
converter from a melting or smelting furnace, and blown 
until the end of the *' first period" of the process, or that in 
which desiliconization takes place. At the end of this stage 
of the process the converter is tipped, and the slags poured 
from it. The blast is then applied, and the converter 
returned to its upright position, and fluor-spar is immedi- 
ately thereafter applied, preferably in a finely divided condi- 



48 PJTJLVTS. 

tion, bciJi; injected with the aii-ci.»>i itiio the mehil ; or it 
may be charged at the mouth of converter in small lumps 
after the slags are poured. The fluor-spar becomes decom- 
posed by the heat, and the fluorine and lime produced 
thereby remove the sulphur and phosphonis (and silicon, if 
there be any remaining) , in the form of vapor and slag, and 
the met:il becomes steel or iron, by piirtial or complete decar- 
Ixmization, respectively. I prefer to line the converter with 
either lime or magnesia, or magnesian lime prepared by the 
process patentei.1 by me in the United States Patent No. 
279,160, dateil June 12, 1SS3 ; ^^^^ other suitable calcareous 
linings may be used. 

The crude iron may be that usualh^ used in the ** acid Bes- 
semer process," containing two per cent, of silicon, and three 
to four per cent, of carbon, and too much phosphorus to pro- 
duce tlie required qualit}' of steel without the use of fluor- 
sp;ir. 

If manganese be present in considemble amount less sili- 
con may be present in tlie metal (but silicon in larger 
proportions is of no disadvantage) . I prefer that tlie crude 
met;il cont:iin from three (3) to five (5) per cent, of manga- 
nese, in order tliat manganese may not l>e required at the end 
of the blowing; but if the crude met;il does not contain man- 
ganese I prefer to pour one to one and a half per cent, of 
spiegeleisen into tlie metal immediately after desiliconization, 
as I have found that the presence of manganese during 
decarbortization assists in various ways in rendering the metal 
of l>etter qualitx* th:m when applied at a later stage ; but it is 
not essential to the production of steel that manganese be 
present in the met: J during the purification, as it may be 



FORMS. 49 

applied at the end of the blowing, whether there has or has 
not been any present during the blowing. 

The proportions of fluor-spar should be three (3) to five (5) 
times the weight of silicon, phosphorus, and sulphur in the 
metal. 

Lime or oxide of iron may be mixed with the fluor-spar, or 
lime may be charged with the crude iron into the converter 
before desiliconization ; but the use of lime or oxide of iron 
is not essential. 

The advantages of using fluor-spar after desiliconization, 
instead of using it before, are that if fluor-spar be applied at 
the beginning of the Bessemer process it cools the metal and 
renders it difficult to pour, and also a much larger quantity 
of fluor-spar would be required. 

The advantages of removing the silicious slags after desili- 
conization is, that by withdrawing them from the converter 
no portion of the fluor-spar is wasted in neutralizing them. If 
they are allowed to remain in the converter a considerable 
portion of the basic reagent will enter into combination with 
them without producing any useful result. 

I do not herein broadly claim the use of fluor-spar and air 
to remove phosphorus from cast-iron when applied in the 
Bessemer process, as this is described applied in the begin- 
ning of the process in Patent No. 274,889, dated March 27, 
1883, granted me. My present invention is an improvement 
on said process, as it enables the purification with less fluor- 
spar. 

What I claim, and desire to secure by letters-patent, 
is : — " 

The imj^rovement in the manufacture of iron and steel. 



50 



PATENTS. 



which consists in treating crude iron by blasts or jets of air 
in a converter or furnace lined with a suitable basic material 
to desiliconize it ; secondly, pouring off the silicious slags 
formed thereby ; and, thirdly, treating the metal with fluor- 
spar or equivalent basic material to remove sulphur and 

phosphorus. 

JAMES HENDERSON. 
Witnesses : 

Saml. a. Duncan, 
R. F. Gaylord. 



15. For a Composition of Matter. 

To all whom it may concern : — 

Be it known that I, A. B., a citizen of the United States, 
residing at L., in the county of M., and State of N [or 
subject, etc.], have invented a new and useful composition 
of matter to be used for the removal of hair and grease from 
hides preparatory to tanning, of which the following is a 
specification : — 

My composition consists of the following ingredients, com- 
bined in the proportions stated, viz. ; — 



Pure water . 
Unslacked lime . 
Soda-ash . 
Saltpetre . 
Flowers of sulphur 



. 500 gallons 
. 32 gallons 
. 100 pounds 
. 20 pounds 
. 10 pounds 



These ingredients are to be thoroughly mingled by agitation. 



FORMS, 51 

In using the above-named composition the hides should 
first be freed from all salt and impurities, by soaking green 
hides one day and dry hides eight days, and then placing the 
hides so cleaned in the said solution, and allowing them to 
remain in it 48 hours. The hides are then to be removed 
from the solution and unhaired in the usual way. 

By the use of the above composition the hair is speedily 
and thoroughly loosened, and the hides, while retaining all 
of that portion of the substance which can be converted into 
leather, are at the same time entirely cleaned from grease and 
other substances which would prevent them from being tanned 
quickly. 

I am aware that a composition consisting of soda-ash, 
water, lime, and sulphur has been used for the same purpose, 
and that a patent therefor was granted to C. D., July 10, 
1875, No. 95,726. I am also aware that saltpetre has been 
used in depilatory processes ; but I am not aware that all of 
the ingredients of my composition, in the proportions stated, 
have been used together. 

What I claim, and desire to secure by letters-patent of the 
United States, is : — 

The herein-described composition of matter to be used for 
depilating hides and preparing them for being tanned, con- 
sisting of water, unslacked lime, soda-ash, saltpetre, and 
flowers of sulphur, in the proportions specified. 

A. B. 

Witnesses : 

C. D. 
E. F. 



52 PA TENTS, 



16. For a Mechanical Device. 

To all whom it may concern : — 

Be it known that I, Schuyler Duryee, of Falls Church, 
in the county of Fairfax, and State of Virginia, have invented 
a new^ and useful Improvement in File Cases or Boxes, of 
w^hich the follow^ing is a specification : — 

The object of my invention is to provide a file case or box 
for the preservation of papers which, from its simplicity of 
construction and ease of operation, will greatly preserve 
papers and facilitate their examination in j^ublic and pri- 
vate offices. 

The invention consists of a rectangular box, of wood or 
metal, or other suitable material, divided diagonally in or 
near the plane of its upper front edge and lower rear edge, 
the two parts being hinged together, and rigid slotted ratchet- 
bars, longitudinally arranged between the base and top of the 
box on either side ; clamping mechanism, consisting of an 
eccentric-lever attached to a cross-bar, which acts as a com- 
pensating medium and locks the bar ; and a follower with 
guide-rods, between which and the follower the bar above 
referred to passes. 

In the accompanying drawings, in which similar letters of 
reference indicate like parts. Figure i is a perspective view 
of the file-box closed. Fig. 2 represents the box opened for 
examination of contents or insertion of papers ; and Fig. 3, a 
modified form of the file-box, being an open file-holder. 

In the drawings A is the front of the box ; B, the base ; C, 
the side ; D, the upper section ; E E, the rigid slotted ratchet- 



FORMS, 53 

bars, in which the cross-bai' F operates the follower G ; y is 
the eccentric-lever, attached to the cross-bar as a compensat- 
ing medium and lock for the bar ; g g are the guide-rods, 
attached to the follower, and between which and the follower 
the cross-bar passes. 

The ratchet-bars are provided with longitudinal slots, which 
terminate in vertical slots to form bearings for the ends of the 
cross-bar F, and admit of a rearward inclination of the fol- 
lower G, to facilitate the inspection of the papers. 

To operate my file-box, after lifting the upper section, D, 
the leverjT is elevated sufficiently to raise the cross-bar from 
the ratchet- teeth, move it the desired distance, and rest it in 
a ratchet, which thus allows the follower G to fall backward, 
permitting the use of both hands in examining the papers and 
inserting others between the follower and end A. The fol- 
lower is then pressed against the papers by pushing on the 
cross-bar, and, the desired compression secured, the bar 
drops into the ratchet on either side, and by pressing the 
eccentric-lever downward against the follower a compensation 
in pressure is obtained and the bar locked. The upper sec- 
tion is then closed. 

The open file-holder. Fig. 3, is operated in a similar man- 
ner. 

With this description of my invention, what I claim 
is : — 

1. A file-box, the outer casing of which is composed of 
two triangular hinged sections, one of which is provided with 
the slotted ratchet-bars and the adjustable follower, and the 
other forming the cover, all as shown and described. 

2. The angular bars, each having a combined longitudinal 



54 PATENTS. 

and vertical slot, in which ratchet-teeth are formed, and also 
a bearing for the cross-bar of the follower. 

3. The combination of a box and rigid slotted ratchet-bars, 
each having vertical slots, terminating in bearings for the 
cross-bar, with the follower carrying the cross-bar. 

4. The combination of the front plate. A, the base plate, 
B, the rigid slotted ratchet-bars, E E, each having vertical 
slots, terminating in bearings for the cross-bar of the follower, 
and the follower G, provided with clamping mechanism, sub- 
stantially as described. 

5. As a new article of manufacture, a file-box complete, 
consisting of two triangular-shaped sections, hinged together, 
rigid slotted ratchet-bars E E, provided with vertical slots or 
bearings, follower G, carrying guide-rods g g^ and cross-bar 
F, with the eccentric-lever f^ all substantially as shown and 
described, for the purpose set forth. 

SCHUYLER DURYEE. 
Witnesses : 

N. S. Fisher, 

E. F. CONCKLIN. 



I7.DRAWINC. 



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• 


V 


if 


~^ ,jif[iiiiiiiii 1 \X 






III 11 


1 








1' 4 


b. 


jv . "*'■ A 


||\| 




\1^ /A. ^^ 


Im 




^ 


1 llli^^lL...^H 


.» 




\ 






t— 




11 ^ 




Lt. 


■1^ 


101 II 


^i 


ly^^— .- - ^ _ 


- 


~- ~ 


pg^ ^ ^^^^ J 










f 


,/Lttesfz 


w^^^^mm3i^^W 


) Jlrtverttor: 






" - — 1 



FORMS. 55 



18. For a Design. 

To all whom it may concern : — 

Be it known that I, A. B., a citizen of the United States, 
residing at L., in the county of M., and State of N. [or sub- 
ject, etc.], have invented and produced a nev^ and original 
design for watch-cases or lockets, of which the following is a 
specification, reference being had to the accompanying draw- 
ings, forming part thereof: — 

Figure i is a sectional view of my newly designed case, 
Fig. 2 a side elevation of same, and Fig. 3 an edge view, — 
these three views being deemed necessary to fully illustrate 
my design. 

Heretofore watch-cases and lockets have been made which 
presented, when viewed in elevation, as in Fig. 2, a scal- 
loped outline or periphery, some being made to imitate shells. 
In these the scallops extend entirely across from lid to lid, 
and in a watch-case the centre which holds the movements is 
also scalloped to correspond. 

The leading feature of my design consists in a raised or 
" struck-up " scalloped surface, the outlines of which, when 
viewed in elevation, as in Fig. 2, will fall entirely within the 
circular outline or circumference of the centre. 

A is the centre of the case, which is circular in its gen- 
eral contour, and B B are the lids. These are also circular 
in their outer contour where they join the centre, but 
have scallops, C C C, formed in some way upon them, 
substantially as represented in the several figures. The 
indented outline of the scalloped surface falls within the 
outer contour line of the case, thus presenting to the eye 



56 PA TENTS, 

the combined effect of a smooth circular outline or centre 
and an indented or scalloped outline within it. 
I claim : — 

1. The design for a watch-case or locket herein shown 
and described, the same consisting of the raised scallops 
C C C on tlie lid, forming an indented outline wholly 
within the circular outline of the edge of the lid and the 
centre A. 

2. The design of a watch-case or locket herein shown 

and described, the same consisting of a circular lid, B, 

having a connected series of raised scallops, C C C, the 

contour of the same being entirely within the contour of 

the lid. 

A. B. 
Witnesses : 

C. D. 

E. F. 

19. For a Caveat. 

7^0 the Commissioner of Patents: — 

Be it known that I, A. B., a citizen of the United States 
residing at L., in the county of N., and State of N. [or 
subject, etc., see Rule 191], having an improvement in 
velocipedes, and desiring further to mature the same, file 
this my caveat therefor, and pray protection of my right 
until I shall have matured my invention. 

The following is a description of my newly-invented 
velocipede, which is as full, clear, and exact as I am able 
at this time to give, reference being had to the drawing 
hereto annexed .* — 

The invention relates to that class of velocipedes in 
which there are two wheels connected by a beam forming 



FORMS. 



57 



a saddle for the rider, the feet being applied to cranks that 
revolve the front wheel. 

The object of my invention is to render it unnecessary 
to turn the front wheel so much as heretofore, and at the 
same time to facilitate the turning of sharp curves. This 
I accomplished by fitting the front and the hind wheels 
on vertical pivots, and connecting them by means of a 
diagonal bar, as shown in the drawing, so that the turning 
of the front wheel also turns the back wheel with a position 
at an angle with the beams, thereby enabling it easily to 
turn a curve. 

In the drawing A is the front wheel, B the hind wheel, 
and C the standards extending from the axle of the front 
wheel to the vertical pivot E, in the beam F, and D is the 
cross-bar upon the end of E, by which the steering is 
done. The hind wheel, B, is also fitted with jaws, G, and a 
vertical pivot, H. 



A. B. 



Witnesses : 

CD. 
E. F. 



Oaths. 



State of - 
of 



20. By an Inventor. 

(To follow Specification.) 

— , County of ■ — — — 



ss. 



, the above-named petitioner, citizen 

, and resident of , in the county of 

1 If the applicant be an alien he will state of what foreign or sovereign State he is a 
citizen or subject. 



58 PATENTS, 



and State of , being duly sworn (or 

affirmed), depose and say that ^ verily believe 

* to be the original, first, and ^ in- 
ventor of the improvement in* described and 

claimed in the foregoing specification ; that the same has not 

been patented to "" , or to others with ^ 

knowledge or consent, except in the following countries :^ 



; that the same has not to ® 

knowledge been in public use or on sale in the 

United States for more than two years prior to this application, 

and ^ do not know and do not believe that the 

same was ever known or used prior to '° invention 

thereof. 



(Inventor's full name) : - 



Sworn to and subscribed before me this day of 

, 188—. 



[l. s.] (Signature of justice or notary) : - 



(Official character) : - 



1 ** He " or « they." 

2" Himself" or " themselves." 

«"Sole" or "joint." 

* Insert title of invention. 

6 "Himself" or "themselves." 
6 "His" or "their." 

7 Here insert, if previously patented, the country or countries in which it has been 
so patented, giving the date and number of each patent. If not previously patented 
erase the words "except in the following countries," and insert the words "in any 
country." 

8 " His " or " their." 
0"He" or "they." 
10" His" or "their." 



FORMS, 59 

[The oath may be made before any person within the 
United States authorized by law to administer oaths. If the 
applicant be an alien the oath will show of what foreign 
State or sovereign he is a citizen or subject. 

If the applicants claim to h^ joint inventors the oath will 
show " that they verily believe themselves to be the original, 
first, and joint inventors," etc. 

If the inventor be dead the oath will be made by the 
administrator or executor, who will declare his belief that 
the party named as inventor was the original and first 
inver^tor.] 



21. By an Applicant for a Reissue (Inventor). 

! 

State of I., County of K.^ ss. : 

A. B., the above-named petitioner, being duly sworn [or 
affirmed], deposes and says that he verily believes that his 
aforesaid letters-patent are inoperative [or invalid, or both] 
by reason of a defective [or insufficient] specification [or 
both, or by reason of the patentee claiming as his own inven- 
tion or discovery more than he had a right to claim as new] , 
and that the error arose by inadvertence [accident or mis- 
take] , without any fraudulent or deceptive intent ; that he is 
the sole owner of said letters-patent ; [or, that E. F. is the 
sole owner of said letters-patent, and that this application is 
made on the behalf and with the consent of said E. F. ;] and 
that he verily believes himself to be the first and original 
inventor of the improvement set forth and claimed in this 



60 PATENTS, 

amended specification, and does not believe that the same 

was ever before know^n or used. 

A. B. 

Sworn to and subscribed before me this 26th day of July, 

1869. 

C. D., 

[Title of office.] 

22. By an Applicant for a Reissue (Assignee). 

(To be used only when the Inventor is dead.) 

State of I., County of K,^ ss. : 

A. B. and C. D., the above-named petitioners, being duly 
sworn [or affirmed] , depose and say that they verily believe 
that the aforesaid letters-patent granted to E. F. are [here 
follows form 19, mutatis mutandis'] ; that the entire title to 
said letters-patent is vested in them ; and that they verily be- 
lieve the said E. F. to be the first and original inventor of the 
invention set forth and claimed in the foregoing amended 
specification ; and that the said E. F. is now deceased. 

A. B. 

C. D. 

Sworn to and subscribed before me this 14th day of 

November, 1869. 

A. B., 

[TiUe of office.] 

23. Supplemental Oath to accompany a New or an Enlarged 

Claim. 

State of I., County of K,^ ss,: 

A. B., whose application for letters-patent for an improve- 
ment in seed-drills (Serial Number 4526) was filed in the 



FORMS, 61 

United States patent-office on or about the 15th day of March, 
1869, being duly sworn [or affirmed], deposes and says that 
he verily believes himself to be the original and first inventor 
of the improvement as described and claimed in the foregoing 
amendment, in addition to that which was embraced in the 
claims originally made, and that he does not know and does 
not believe that the same was ever before known or used, 
and that the matter sought to be inserted formed a part of his 
original invention at the date of filing said application. 

A. B. 

Sworn to and subscribed before me this nth day of July, 

1870. 

C. D., 

[Official title.] 



24. Oath as to the Loss of Letters-Patent. 

State of I., County of K,^ ss, : 

A. B., of said county, being duly sworn [or affirmed], 

doth depose and say that the letters-patent No. 13,213, 

granted to him, and bearing date on the 9th day of January, 

A.D. 1855, have been either lost or destroyed; that he has 

made diligent search for the said letters-patent in all places 

where the same would probably be found, if existing, and 

that he has not been able to find them. 

A. B. 

Subscribed and sworn to before me this 5th day of Octo- 
ber, 1868. 

C. D., 

[Official title.] 



62 PATENTS. 



25. Oath of Administrator as to the Loss of Letters-Patent. 

State of I., County of K.^ss. : 

A. B., of said county, being duly sworn, doth depose and 
say that he is administrator of the estate of E. F., deceased, 
late of L., in said county; that the letters-patent No. 12,219, 
granted to said E. F., and bearing date of the 9th day of 
January, A. D. 1855, ^^^ve been lost or destroyed, as he verily 
believes ; that he has made diligent search for the said let- 
ters-patent in all places where the same would probably be 
found, if existing, and especially among the papers of the 
decedent, and that he has not been able to find said letters- 
patent. 

A. B., 

Administrator ., etc. 

Subscribed and sworn to before me this 5th day of Octo- 
ber, 1868. 

C. D., 

[Official title.] 

26. Oath to accompany Caveat. 

(To follow Specification.) 

State of — : , County of , ss. : 

, the above-named petitioner , citizen 

of , and resident of* , in the county of 

and State of , being duly sworn (af- 
firmed), depose and say that verily believe 

1 If the applicant be an alien he will state of what foreign or sovereign State he is a 
citizen or subject. 



FORMS. 63 



. to be the original, first, and ^ inventor 



of the improvement in 



-, described and claimed 



in the foregoing specification ; that do — not 

know and do — not believe that the same w^as ever be- 
fore known or used. 

(Inventor's full name) : 

Sworn to and subscribed before me this — day of 

, i88— . 



(Signature of justice or notary) : 



[l. s.] (Official character) : 



27. Amendment.^ 



To the Commissioner of Patents : — 

In the matter of my application for letters-patent for an 
improvement in sewing-machines, filed May i, 1879 (Serial 
Number 540), I hereby amend my specification as follows, — 

By striking out all between the 5th and 20th lines, inclu- 
sive, of page 3 ; 

By inserting the words connected with after the word 
" and'' in the ist line of the 2d claim ; and 

By striking out the 3d claim, and substituting therefor the 
following : — 

"3. The combination, with the driving-shaft, the needle- 
bar, and mechanism for reciprocating the same, of the shuttle- 

i"Sole" or "joint." 

* In the preparation of all amendments a separate paragraph should be devoted 
to each distinct erasure or insertion, in order to aid the office in making the entry of 
the amendment into the case to which it pertains. 



64 PATENTS. 

carrier, the shuttle-lever, and a cam carried by the driving- 
shaft, whereby the proper reciprocating movement is imparted 
to the shuttle-carrier, and the needle-bar is caused to operate 
in unison therewith, substantially as described." 

Signed at L., in the county of M., and State of N. 

A. B., 
By S. Z., 
His Attorney in Fact, 



Disclaimers. 

28. Disclaimer after Patent, 
To the Commissioner of Patents : — 

Your petitioner, A. B., a citizen of the United States, 
residing at L., in the county of M , and State of N. [or sub- 
ject, etc.], represents that in the matter of a certain improve- 
ment in printing-presses, for which letters-patent of the 
United States No. 75,000 were granted to C. D., on the 12th 
day of June, 1879, he is [here state the exact interest of the 
disclaimant ; if assignee, set out liber and page wiiere assign- 
ment is recorded], and that he has reason to believe that, 
through inadvertence [accident or mistake], the specification 
and claim of said letters-patent are too broad, including that 
of which said patentee was not the first inventor. Your 
petitioner, therefore, hereby enters his disclaimer to that part 
of the claim in said specification which is in the following 
words, to wit : — 

'' I also claim the sleeves A B, having each a friction-cam, 
C, and connected, respectively, by means of chains or cords, 



FORMS. 65 

K L and M N, with an oscillatory lever, to operate substan- 
tially as herein shown and described.'' 

A. B. 
Witness : 

C. D. 

Appeals. 

29. From a Principal Examiner to the Examiner s-in-Chief. 

To the Commissioner of Patents : — 

Sir : I hereby appeal to the examiners-in-chief from the 
decision of the principal examiner in the matter of my ap- 
plication for letters-patent for an improvement in wagon- 
brakes, filed January lo, 1869, which, on the 20th day of 
July, 1869, was rejected the second time. The following 
are the points of the decision on which the appeal is taken : 
[Here follows a statement of the points on which the appeal 

is taken.] 

A. B. 

[Place and date of signing.] 

30. From a Principal Examiner to the Commissioner. 

To the Commissioner of Patents : — 

Sir : I hereby appeal to you in person from the decision of 
the principal examiner, made April 7, 1879, in the case of 
my application for letters-patent for an improvement in 
harvesters, filed January 10, 1879, wherein he refused to 
consider the case upon its merits until certain alleged inac- 
curacies of expression in the specification should be corrected. 
The following are the points of the decision on which the 
appeal is taken : [Here follow points on which appeal is 

taken.] 

A. B. 

[Place and date of signing.] 



66 PATENTS. 



31. From the Examiners-in-Chief to the Commissioner. 

To the Commissioner of Patents : — 

Sir: I hereby appeal to you in person from the decision of 
the examiners-in-chief, made April 7, 1879, ^^ ^^ matter of 
my application for letters-patent for improvement in sewing- 
machines, filed Dec. 16, 1878. The following are assigned 
for reasons of appeal : [Here should follow an explicit state- 
ment of the alleged errors in the decision of the examiners- 
in-chief.] 

CD. 



Assignment. 

32. Of an undivided Interest in an Invention before the Issue of 
L e tter s-Patent. 

Whereas I, A. B., of L., county of M., State of N., have 
invented a certain new and useful improvement in harvesters 
[giving title of the same], for which I am about to make 
application for letters-patent of the United States ; and 
whereas G. D., of R., county of S., State of N., is desirous 
of acquiring an interest in said invention, and in the letters 
patent to be obtained therefor : — 

Now, therefore, to all whom it may concern, be it known 
that, for and in consideration of the sum of five thousand 
dollars to me in hand paid, the receipt of which is hereby 
acknowledged, I, the said A. B., have sold, assigned, and 
transferred, and by these presents do sell, assign, and trans- 
fer, unto the said G. D., the (here insert the amount of inter- 



FORMS. 67 

est conveyed*) whole right, title, and interest in and to the 
said invention, as fully set forth and described in the speci- 
fication prepared and executed by me on the day 

of , 1 88 — , preparatory to obtaining letters-patent 

of the United States therefor ; and I do hereby authorize and 
request the Commissioner of Patents to issue the said letters- 
patent to the said G. D., as the assignee of my entire right, 
title, and interest in and to the same, for the sole use and be- 
hoof of the said G. D. and his legal representatives. 

In testimony whereof I have hereunto set my hand and 
affixed my seal this 4th day of May, A.D. 1879. 

.A. B. [seal.] 
In presence of — 

O. P. 

S. T. 

^ If the interest conveyed is one-half insert the following words ; *' undivided one- 
half part of the." 



68 TRADE-'MARKS, 



TRADE-MARKS. 



A trade-mark is defined as a sign or symbol primarily 
confined exclusively to the indication of the origin or owner- 
ship of the goods to which it may be attached, and it may be 
composed of any name, device, line, figure, mark, word, 
letter, numeral, or combination or arrangement of any or all 
of these which will serve the sole purpose of a trade-mark, 
and which no other person can adopt or use with equal truth. 

Who may obtain Registration. 

Any person, firm, or corporation domiciled in the United 
States, or located in any foreign country, which, by treaty, 
convention, or law, affords similar privileges to citizens of 
the United States,' and who is entitled to the exclusive use 
of any trade- mark, and uses the same in commerce with foreign 
nations or with Indian tribes. 

Any citizen or resident of this country wishing the protec- 
tion of his trade-mark in any foreign country the laws of 
which require registration in the United States as a condition 
precedent. 

1 The following countries have treaties with the United States at this time, viz. : 
Russia, Belgium, France, Austria, the German Empire, Great Britain, Brazil, Italy^ 
Servia, Spain, Switzerland, and the Netherlands. 



TRADE-MARKS. 69 



Statutory Requirements, 

Every applicant for registration of a trade-mark must 
cause to be recorded in the patent-office : — 

The name, domicile, and place of business or location of 
the firm or corporation desiring the protection of the trade- 
mark, and the residence and citizenship of individual appli- 
cants. 

The class of merchandise and the particular description 
of goods comprised in such class to which the trade-mark 
has been appropriated. 

A description of the trade-mark itself, with fac-similes 
thereof, and the mode in which it has been applied and 
used. 

The length of time during which the trade-mark has been 
used by the applicant on the class of goods described. 

A fee of twenty-five dollars is required on filing each 
application, except in the cases hereinafter named. 



The Application. 

An application for the registration of a trade-mark will 
consist of a statement or specification, a declaration or oath, 
and the fac-simile, with duplicates thereof. The statement 
and declaration should be written on one side of the paper 
only. 



70 TRADE-MARKS, 

These should be preceded by a brief letter of advice 
requesting registration, and signed by the applicant. (See 
Form A.) 

The statement should announce the full name, citizenship, 
domicile, residence, and place of business of the applicant 
(or, if the applicant be a corporation, under the laws of what 
State or nation incorporated), with a full and clear specifica- 
tion of the trade-mark, particularly discriminating between 
its essential and non-essential features. It should also state 
from what time the trade-mark has been used by the appli- 
cant, the class of merchandise, and the particular goods 
comprised in such class to which the trade-mark is appro- 
priated, and the manner in which the trade-mark has been 
applied to the goods. (See Form B.) 

The declaration should be in the form of an oath by the 
person, or by a member of the firm, or by an ofl^icer of the 
corporation making the application, to the effect that the 
party has at the time of filing his application a right to the 
use of the trade-mark described in the statement; that no 
other person, firm, or corporation has a right to such use, 
either in the identical form or in such near resemblance 
thereto as might be calculated to deceive ; that such trade- 
mark is used in lawful commerce with foreign nations or 
Indian tribes, one or more of which should be particularly 
named ; and that it is truly represented in the fac-simile 
presented for registry. (See Form E.) 

This oath may be taken within the United States before a 
notary public, justice of the peace, or the judge or clerk of 
any court of record. 



TRADE-MARKS, 71 



Fac-similes to be filed. 

Where the trade-mark can be represented by a fac-simile 
which conforms to the rules for drawings of mechanical 
patents, such a drawing may be furnished by applicant, and 
the additional copies will be produced by the photolitho- 
graphic process at the expense of the office. Or the appli- 
cant may furnish one fac-simile of the trade-mark, mounted 
on a card ten by fifteen inches in size, and ten additional 
copies upon flexible paper, not mounted ; but in all cases the 
sheet containing the mounted fac-simile or the drawing must 
be signed by the applicant or his authorized attorney, and 
authenticated by two witnesses. 

Proceedings in the Office. 

All applications for registration are considered in the first 
instance by the trade-mark examiner. An adverse decision 
by such examiner upon the applicant's right to registration 
will be reviewed by the Commissioner in person, upon peti- 
tion, without fee. 

No trade-mark will be registered unless it shall be made to 
appear that the same is used as such by the applicant in com- 
merce between the United States and some foreign nation or 
Indian tribe, or is within the provisions of a treaty, conven- 
tion, or declaration with a foreign power, nor which is 
merely the name of the applicant, nor which is identical with 
a known or registered trade-mark, owned by another and 
appropriated to the same class of merchandise, or which so 
nearly resembles some other person's lawful trade-mark as to 



72 TRADE-MARKS, 

be likely to cause confusion in the mind of the public or to 
deceive purchasers. 

The statement may be amended to correct informalities or 
to avoid objections made by the office, or for other reasons 
arising in the course of examination (see Form F) ; but no 
amendments v^ill be admitted unless vsrarranted by something 
in the statement or fac-simile as originally filed. In respect 
to amendments the established rules in regard to applications 
for patent will be observed. The declaration cannot be 
amended. If that filed with the application is faulty or de- 
fective, a substitute declaration may be filed. 

In case of conflicting applications for registration, or in any 
dispute as to the right to use which may arise between an 
applicant and a prior registrant, the office will declare an 
interference, in order that the parties may have opportu- 
nity to prove priority of adoption or right ; and the proceed- 
ings on such interference will follow, as nearly as practicable, 
the practice in interferences upon applications for patents ; 
but each applicant and registrant will be held to the date of 
adoption alleged in the statement filed with his application. 
On the petition of any party dissatisfied with the decision of 
the Examiner of Interferences the case will be reviewed by 
the Commissioner without fee. 



Issue of Certificate. 

When these requirements have been complied with, and 
the office has adjudged the trade-mark lawfully registrable, a 
certificate will be issued by the Commissioner, under seal of 
the Interior Department, to the effect that applicant has 



TRADE-MARKS. 73 

complied with the law, and that he is entitled to the pro- 
tection of his trade-mark in such case made and provided. 
Attached to the certificate will be a fac-simile of the trade- 
mark and a printed copy of the statement and declaration. . 



Duration of Registration. 

The protection for such trade-mark will remain in force for 
thirty years, and may, upon the payment of a second fee, be 
renewed for thirty years longer, except in cases where such 
trade-mark is claimed for and applied to articles not manu- 
factured in this country, and in which it receives protection 
under the laws of any foreign country for a shorter period, in 
which case it will cease to have force in this country, by 
virtue of the registration, at the same time that the trade- 
mark ceases to be exclusive property elsew^here. 



Assignments. 

The right to the use of any trade-mark is assignable by an 
instrument in writing, and such assignment of a registered 
trade-mark must be recorded in the patent-office within 
sixty days after its execution, in default of which it may be 
void as against any subsequent purchaser or mortgagee for a 
valuable consideration, without notice. No particular form of 
assignment or conveyance is prescribed, but the trade-mark 
must be identified by the certificate number. 

A trade-mark cannot be assigned as a mere abstract right 
and independent of or disconnected from the business in 
which it is used. 



TRADE-MARKS, 



Copies and Publications. 

Printed copies of the statement and declaration in each 
case, with a duplicate of the trade-mark, can be furnished by 
the office. 

The '' Official Gazette " of the patent-office, published 
weekly, will contain a list of all trade-marks registered, with 
the name and address of the registrant, a brief statement of 
the essential features of the trade-mark, and the particular 
description of goods to which it is applied. 



Fees. 

On filing an application for registration of the trade- 
mark ......... $25 00 

For recording assignments : — 

Under 300 words . . . . . . . i 00 

Over 300 and less than i ,000 words . . . 2 00 

Over 1 ,000 words . . . . . . 3 cx> 

For single printed copy of statement and declaration 25 



Correspondence. 

All letters should be addressed to " The Commissioner of 
Patents '' ; and all remittances by postal order, check, or 
draft should be to his order. 

Letters relating to pending applications should refer to the 
name of the applicant and date of filing. Letters relating to 
registered trade-marks must refer to the name of registrant, 



TRADE-MARKS, 75 

number or date of certificate, and the class of merchandise to 
which the trade-mark is applied. 

The office will not respond to inquiries propounded with a 
view to ascertain whether certain trade-marks have been 
registered, or, if so, to whom, or for what goods. 



Forms. 

A. Letter of Advice. 

To the Commissioner of Patents : — 

The undersigned presents herewith a fac-simile of his law- 
ful trade-mark, and requests that the same, together with the 
accompanying statement and declaration, may be registered 
in the United States Patent-Office, in accordance with the law 

in such cases made and provided. 

A. B. 

B. Statement by an Individual. 
To all whom it may concern : — 

Be it known that I, A. B., a citizen of the United States, 
residing at Baltimore, Maryland, and doing business at 
No. St., in said city, have adopted for my use a trade- 
mark for whiskey, of which the following is a full, clear, and 
exact specification : — 

My trade-mark consists of the word-symbol Moonshine. 
This has generally been arranged as shown in the accom- 
panying fac-simile, which represents a rude still-house, sur- 
rounded by hills and forests. Three men are engaged 
variously about, and the scene is illuminated partly by the 
light of the fire, partly by the moon which appears in the 



76 TRADE-MARKS. 

heavens. Underneath the picture appears the word "Moon- 
shine " in ornamental letters ; but the style of lettering is 
unimportant, and the entire picture may be omitted or changed 
at pleasure without materially affecting the character of my 
trade-mark, the essential feature of which is the arbitrary 
word Moonshine. 

This trade-mark I have used continuously in my business 
since July 4, 1876. The class of merchandise to which this 
trade-mark is appropriated is distilled liquors, and the partic- 
ular description of goods comprised in said class upon which 
I use it is whiskey. It is my practice to apply my trade-mark 
to the bottles containing the liquor by means of suitable 
labels, on which it is printed in color, as above described. 
The word is sometimes also blown into the bottles. 

A. B. 

Witnesses : 

C. D. 
E. F. 

C. Statement by a Firm. 

To all whom it may concern : — 

Be it known that we, C. D. & Co. , a firm domiciled in 
Brooklyn, Kings County, State of New York, and doing busi- 
ness at No. St., in said city, have adopted for our use 

a trade-mark for men's overalls, of which the following is a 
full, clear, and exact specification : — 

Our trade-mark consists of the arbitrary word Toulon. 
This has generally been arranged as shown in the accompany- 
ing fac-simile, in which it appears in plain, block capitals, 
printed in black in a horizontal line. But other forms of type 
may be employed, or it may be differently arranged or 



TRADE-MARKS. 77 

colored, without materially altering the character of our trade- 
mark, the essential feature of which is the word Toulon. 

This trade-mark has been used continuously in business by 
us and those from whom we derive our title since July ii. 
1840. 

The class of merchandise to which this trade-mark is ap- 
propriated is wearing-apparel, and the particular description 
of goods comprised in such class on which it is used by us is 
men's overalls. It has been our practice to mark our trade- 
mark on the inside of the waistband of the goods with a 
stencil, or to print it upon tags, which are secured to the 

goods in any desired manner. 

C. D. & Co. 
Witnesses : 

D. E. 
F. G. 

D. Statement by a Corporation. 

To all whom it may concern : — 

Be it known that the Rocky Mountain Mill Company, a 
corporation organized under the laws of the Territory of 
Dakota, and located in the city of Garfield, Hancock County, 
in said territory, and doing business in said city of Garfield, 
and also at Chicago, Illinois, has adopted for its use a trade- 
mark for wheat flour, of which the following is a full, clear, 
and exact specification : — 

The trade-mark of said company consists of a representa- 
tion of a Rocky Mountain sheep and the words Big Horn. 
These have generally been arranged as shown in the accom- 
panying fac-simile, in which the animal named, popularly 
known as the " Big Horn," is represented in an erect attitude 



78 TRADE-MARKS, 

upon a cliff or rock. In the background are mountains 
covered with forests, with distant white peaks ; upon the sky 
portion are the words Big Horn, and arranged in a circle 
about the whole are the w^ords Rocky Mountain Mill Com- 
pany in plain capital letters. But these words may be 
omitted, and the various accessories of the picture may be 
varied at pleasure or altogether omitted, w^ithout materially 
altering the character of the said trade-mark, the essential 
features of which are the words Big Horn and the represen- 
tation of a Rocky Mountain sheep. 

This trade-mark has been continuously used by said cor- 
poration since about the middle of October, 1884. 

The class of merchandise to which this trade-mark is appro- 
priated is flour, and the particular description of goods com- 
prised in such class on which it is used by the said company 
is wheat flour. It is usually affixed to the goods by printing 
it on the bags, or stencilling it on the heads of barrels in 
w^hich the flour is packed. 

Rocky Mountain Mill Company, 

By G. F., President. 

Witnesses : * 

J.H. 
L. K. 

E. Declaration. 

State of , County of , ss,: 

A. B., being duly sworn, deposes and says that he is the 
applicant named in the foregoing statement ; that he verily 
believes that the foregoing statement is true ; that he has at 

1 If the corporation have a seal it may be used to authenticate the sig^nature of the 
officer. 



TRADE-MARKS. 79 

this time a right to the use of the trade-mark therein de- 
scribed ; that no other person, firm, or corporation has the 
right to such use, either in the identical form or in any such 
near resemblance thereto as might be calculated to deceive ; 
that it is used by him in commerce between the United States 
and foreign nations or Indian tribes, and particularly with 

{here name one or more foreign nations or 

Indian tribes^ or both^ as the case may be) ; and that the 
description and fac-similes presented for record truly repre- 
sent the trade-mark sought to be registered. 

A. B. 

Sworn and subscribed before me, a , this 

day of , i8 

G. H.,/. p. 



If the application is made by a firm or corporation this 
declaration should be modified accordingly. Thus : — 

For a Firm. 

A. B., being duly sworn, deposes and says that he is a 
member of the firm, the applicant named, etc., etc., . 
that the trade-mark is used by the said firm in commerce, 
etc., etc. 

For a Corporation. 

A. B., being duly sworn, deposes and says that he is secre- 
tary {or other officer) of the corporation, the applicant named 
in the foregoing statement, etc., etc., . . . that the trade- 
mark is used by said corporation in commerce, etc., etc. 



80 TRADE-MARKS. 

F. Amendment. 

To the Commissioner of Patents : — 

In the matter of my application for registration of trade- 
mark for watches, No. 5319, filed June 11, 1876, I desire to 
amend my statement as follows, — 

Page I, line 16, cancel the words "the arbitrary word 
Zenith," and insert in the place thereof the following: the 
representation of a fve-pointed star^ having the word 
Zenith printed across its face. 

Same page, line 20, erase " about four years," and insert 

since July \st^ 1872. 

A. B., 

ByP. &Ct, 
His Attorneys. 

Dated Geneva, Switzerland, October i, 1876. 



LABELS, 81 



LABELS. 



A label is defined as any device, picture, word or words, 
figure or figures (not a trade-mark), impressed or stamped 
directly upon the articles of manufacture, or upon a slip or 
piece of paper, or other material, to be attached in any 
manner to manufactured articles, or to bottles, boxes, and 
packages containing them, to indicate the contents of the 
package, the name of the manufacturer or the place of manu- 
facture, the quality of goods, directions for use, etc. 

By the words " articles of manufacture" is meant all ven- 
dible commodities produced by hand, machinery, or art. 

But no such print or label can be registered unless it prop- 
erly belongs to an article of commerce, and be as above 
defined ; nor can the same be registered as such print or 
label when it amounts to a lawful trade-mark, or when its 
use in connection with the article to which it Is applied is 
arbitrary or fanciful. 

To entitle the owner of any such print or label to register 
the same in this office it is necessary that five copies of the 
same be filed, one of which copies shall be certified under 
the seal of the Commissioner of Patents, and returned to the 
registrant. 

The certificate of such registration will continue in force 
for twenty-eight years. 



82 LABELS, 

The use of a label in the sale of the merchandise it is 
intended to designate prior to the deposit of such label in 
the patent-office amounts to a publication thereof. 

A label should be registered before it is used, as it is 
evident that a registration subsequent to use is of no effect. 

The fee for registration of a print or label is six dollars. 



ASSIGNMENTS. 

Labels are assignable in law by any instrument in writing, 
and the assignment must be recorded in the patent-office 
within sixty days after its execution ; in default of which it 
will be void as against any subsequent purchaser or mort- 
gagee for a valuable consideration, without notice. 



Forms of Application for Registration of Prints 
AND Labels. 

(Making necessary changes to suit each case.) 

For an Individual. 

To the Commissioner of Patents: — 

The undersigned, A. B., of the city of Brooklyn, county 
of Kings, and State of New York, and a citizen of the 
United States (or resident therein, as the case may be), here- 
by furnishes five copies of a label (or print, as the case may 
be), to be used for , of which he is the sole pro- 
prietor. The title of said label (or print) is , and 



LABELS. 83 

the said label (or print) consists of the words and figures as 
follows, to wit : (Description.) 

And he hereby requests that the said print (or label) be 
registered in the patent-office, in accordance with the act of 
Congress to that effect, approved June i8, 1874. 



BrooklYxV, N.Y., August i, 1874. 



Proprietor, 



For a Corporation. 

To the Commissioner of Patents: — 

The applicant, a corporation created by authority of the 
laws of the State of New York (or other authority, as the 

case maybe), and doing business at , in said State, 

hereby furnishes five copies of a label (or print, as the case 

may be), to be used for , of which it is the sole 

proprietor. The title of said print (or label) is , 

and the said label consists of the words and figures as follows, 
to wit : (Description.) 

And it is hereby requested that the said label (or print) be 
registered in the patent-office, in accordance with the act of 
Congress to that effect, approved June 18, 1874. 

[L. S.] Witness the seal of said corporation at , 

, 1874. 



President \or other officer'^. 



ASSIGNMENTS 



OF 



PATENT-RIGHTS 



A Digest of Decisions of Federal and State Courts and the 

Commissioner of Patents, together with the 

Laws and Forms. 



Compiled and arranged by 

SCHUYLER DURYEE, 

Chief Clerk of the U.S. Patent Office, 



THIS work is now going through the press, and wiU be invaluable 
to lawyers, manufacturers, inventors, and dealers in patent- 
rights. It embraces decisions relative to the rights of assignees, 
grantees, and licenses, and the right of States and municipalities 
to impose a tax on the sale of patent-rights, etc. ; also forms of 
assignments, agreements, grants, contracts, and licenses. 

The volume will be neatly bound in cloth, and will be sent, post- 
paid, to any address upon receipt of TWO DOLLARS. 

SCHUYLER DURYEE, 

Lock Box 406^ 

Washington, D.C. 



